2017 (9) TMI 1362

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....DER Per: Shri P. K. Choudhary The appellant is engaged in the manufacture of M.S ERW Black pipes/tubes classifiable under Chapter 73 of the 1st schedule to the Central Excise Tariff Act, 1985. On 08.12.2010, the Central Excise officers visited the appellant's factory and conducted stock verification of inputs and finished goods and found excess stock of 37615.28 Kgs of M.S. ERW Black Pipes/Tubes....

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....iginal Authority as well as the Ld. Appellate Authority has not considered and appreciated the Appellants plea and fact that there was no corroborative evidence to substantiate the allegation of the excess stock of finished goods, clandestine manufacture out of clandestinely procured raw materials with an intent to clear the finished product by evading duty. It is also submitted that the credit o....

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....d product might be due to the fact that since long they had not undertaken stock taking in their factory. Also added that probably such excess stock of finished product might have arisen out of the small quantum of excess arising out of day to day production which had accumulated to such excess quantity over a period of time. Shri Uttam Malakar has confirmed the difference in the weight of finishe....

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....rge quantity of difference, and therefore, confiscation of goods is justified. I do not find any substance in the submission of the Ld. Advocate, as Shri Uttam Malakar representative of the appellant Co. had signed the stock verification report as well as had confirmed the excess quantity in his statement. He has not explained the difference in quantity even at a later stage. The adjudicating auth....